Can I challenge the public use of eminent domain?

Yes, you can challenge the public use of eminent domain in North Dakota. However, the burden of proof is on the party opposing the condemnation—typically the property owner. The party challenging the taking of the property must provide substantial evidence that the action is unconstitutional or unlawful. The North Dakota Century Code states that any person who holds an interest in land and objects to the public use for which it is sought may oppose the condemnation in court. If the court decides that the condemnation is not for a valid public use, the property will not be taken. In North Dakota, the party challenging the taking must not only prove that the taking is not for a valid public use; it must also demonstrate that it would be substantially prejudiced by the taking. Prejudice can be demonstrated by proving that the condemnor has other property interests that can accomplish the same purpose as the subject property or that the taking would cause an unnecessary economic burden on the party opposing the condemnation. In addition, a challenge must be filed within two weeks after the service of the summons and complaint if a party suspects that the taking is for an improper purpose. Therefore, if you disagree with the public use of eminent domain in North Dakota, you are well within your rights to challenge it in court.

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Can I challenge the public use of eminent domain?

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